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Old 01-22-2010, 12:54 PM
 
1 posts, read 2,981 times
Reputation: 10

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We submitted an offer on a short sale in Leesburg, VA and it was accepted by the seller 9/11/09 with a $2000 earnest money deposit. Since then back and forth with bank, approvals come in and we set our home inspection for December 18th. Inspector shows up, no utilities are on. Selling agent has all utilities turned on and we reschedule for 12/22/09 (mind you I've paid now for an attempt and now the real inspection out of pocket). Seller has furniture, trash, fridge full of food, debris everywhere, all stuff my husband and I feel we can clean up, no big deal. The house is a freezing 31 degrees. My agent calls selling agent, furnace is open and the 'guts' are in pieces in front of the furnace, not working. Selling agent says I don't know, my client moved out back in October (yeah, because it's winter and the furnance doesn't work). Seller won't put forth a dime to have fixed, said he got an estimate, it will be about $900 but isn't going to pay for it. If we want to buy the house, we have to have it fixed before FHA will pass. Selling agent agrees to pay for this out of his pocket at closing. Furnace is fixed. Home is reinspected, FHA inspector says all items must be removed prior to passing (pool table, couches, desk, trash, food, etc.) We schedule closing for 1/19/10. HOA doc's show up, everything is good to go. We go to do the final walkthru day before closing, and one of the bathrooms has flooded and is leaking into the living room. Settlement is postponed awaiting info. Owner says while he was there moving his stuff out that the ceiling was leaking from upstairs and so he turned off the water main. FHA inspector is sent back out, he will not pass (and loan cannot be approved) until leak is repaired. Seller says I'm not paying for it, if you want the house fix it. The home cannot be sold to me or anyone until this is fixed, this is not my responsibility it is the seller's. Do I have the right to receive my earnest money back based on the fact the home cannot pass inspection on the final walkthru?
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Old 01-22-2010, 01:16 PM
 
Location: Sterling, VA
1,059 posts, read 2,965,904 times
Reputation: 633
Did your contract say you were buying the house "as is"? Was your contract contingent on obtaining financing? Can you change your loan to a 203K which is an FHA loan that will pay for repairs? What does your agent's broker say you can do?
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Old 01-23-2010, 12:19 PM
 
Location: Loudoun County, VA
1,148 posts, read 3,742,396 times
Reputation: 408
Omg, sorry I don't have advice to give but that sounds horrible.. The seller seems to be a total a$$.
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Old 01-23-2010, 01:54 PM
 
211 posts, read 817,249 times
Reputation: 95
Sure, but to get your money back it looks like a court case is in order. You did document everything with photos and/or video right?

And you also sent certified mail to the seller and agents too? At this point do you really want this place anyway?

Margery's questions above should give you some guidance on how to proceed....
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Old 01-28-2010, 11:48 AM
 
286 posts, read 1,368,083 times
Reputation: 152
I wouldn't change to a 203k loan under any circumstance with this house. You should get your money back with some legal action - talk to your lawyer. Sounds like not only is the seller a piece of work, but I'd bet the house is hiding a lot more damage than you're willing to take on.
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Old 01-28-2010, 12:02 PM
 
845 posts, read 2,329,585 times
Reputation: 298
Another short sale sucker.............
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